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NO. 5 FEBRUARY 12, 2004 PAGE 1

A Regular Meeting of the Town Board of the Town of Macedon held February 12, 2004 at the Town Offices, 32 Main Street, in the Village of Macedon, was called to order by Supervisor William H. Hammond at 7:30 P.M.

Pledge of Allegiance

Upon Roll Call, the following members of Board were present:

Councilperson David Maul

Councilperson David McEwen

Councilperson Ken Nawrocki

Supervisor William Hammond

Absent: Councilperson Paul Kenyon

Called in for a problem at school.

Also Present: Town Attorney Anthony Villani

Highway Super .Richard Roets

Deputy Town Clerk Linda Habecker

Assessor Donna Komor

RESOLUTION NO. 56 (04) APPROVAL OF MINUTEES

RESOLVED the Board approves the minutes of January 22, 2004 as presented.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 57 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of January 29, 2004 with the following corrections:

Under Walworth Academy-school for education of long term suspension students.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS: MACEDON POLICE REPORT JANUARY 2004

RESOLUTION NO. 58 (04) APPROVAL OF REPORTS

RESOLVED the Board accepts the reports as submitted.

MOTION BY NAWROCKI, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE:

RG&E Public Hearing for construction of transmission lines. Greece Town Hall, March 15, 2004 at 2:00 P.M. and 6:30 P.M. and at Ontario Firemen’s Exempt Hall, on March 16, 2004 at 2:00 P.M. and 6:30 P.M.

Letter from Tyco Plastics with notice of closure of the facility in Macedon permanently on July 2, 2004.

Police Reconciliation for 2003

NYSEG Electric Savings Memorandum from Paul Yaeger

Jim Denniston from r-house Realty letter in favor of zoning change on Route 31 to Commercial.

NO. 5 FEBRUARY 12, 2004 PAGE 2

Letter from Agricultural and Farmland Protection Implementation Grants informing Town that applications submitted for funding were not selected.

Soil and Water Conservation District "Forever Green Tree Program"

PUBLIC COMMENT:

Michele Rugaber, 1273 Route 31 requested sidewalks and crosswalks near CVS Pharmacy on Route 31 and down Canandaigua Road to Bullis Park. Dick Roets stated that this would be handled through New York State DOT and he would check into it.

ROUND TABLE:

David Maul stated that the Police Commission should meet and discuss periodically on the Police Reconciliation so we can prepare ahead of time.

Bill Hammond has found a mural painted by Anna Shearer of 2326 Vandy Drive, Palmyra, in Zero"s Restaurant in Palmyra. The new owners do not want the mural. The 4 ft x 10 ft mural is of the Aldrich Change Bridge with a canal boat on the canal. Bill has contacted Anna and she is willing to donate the mural to the Town. The Board members all agreed that the mural would be a nice addition to our new building. It will be hung in the Conference Room.

7:45 P.M. PUBLIC HEARING – REAL PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE(65) YEARS OF AGE OR OLDER

RESOLUTION NO. 59 (04) WAIVE READING OF LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the January 23, 2004 issue of the Times.

MOTION BY HAMMOND, SECONDED BY MAUL

It was requested by audience members that the Legal be read. Ken Nawrocki read the Legal and Donna Komor explained what changes would mean.

RESOLUTION NO. 60 (04) PUBLIC HEARING CLOSED

RESOLVED THE Public Hearing be closed at 7:50 P.M.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 61 (04) REAL PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE (65)

YEARS OF AGE OR OLDER AMENDMENT

WHEREAS, it is for the benefit and welfare of the Senior Citizens of the Town to amend the existing resolution concerning real property tax exemption for property owned by persons over the age of sixty-five years and,

WHEREAS a legal notice scheduling a public hearing on the proposed amendment was published in the Times on January 26, 2004 and

WHEREAS such public hearing was held on February 12, 2004 and all persons wishing to speak for or against such amendment were provided the opportunity to be heard, therefore be it

NO. 5 FEBRUARY 12, 2004 PAGE 3

RESOLVED that the Macedon Town Board, pursuant to Section 467 and 467-d of the Real Property Tax Law, adopt a sliding scale permitting exemptions of from 50% to 5% of assessed valuation from taxation for properties owned by persons over sixty-five years of age as published in the legal notice as follows:

Annual Income Percentage Assessed Valuation

24,000 or less 50 per centum

24,001 to less than 25,000 45 per centum

25,001 to less than 26,000 40 per centum

26,001 to less than 27,000 35 per centum

27,001 to less than 27,900 30 per centum

27,901 to less than 28,800 25 per centum

28,801 to less than 29,700 20 per centum

29,701 to less than 30,600 15 per centum

30,601 to less than 31,500 10 per centum

31,501 to less than 32,400 5 per centum

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL NAY, MCEWEN NAY,

NAWROCKI NAY, HAMMOND NAY MOTION DENIED

RESOLUTION NO. 62 (04) NYSEG UNDERGROUND PRIMARY/RESEARCH FOREST DR.

WHEREAS, the New York State Electric and Gas Company, a gas and electric corporation within the meaning of Section 11 of the Transportation Corporation Law has requested the consent of the Town of Macedon to install an underground primary (15KV) road crossing to provide service to a new commercial building on Research Forest Drive, said conductor to be 3-#2AL jacketed cables, each with a braided concentric neutral to be installed in a rigid plastic 4" plastic conduit that will be installed by punching
under the roadway at a depth of 30".

NOW, on motion of Ken Nawrocki, seconded by David Maul, all those present voting in favor thereof, it is

RESOLVED, that the Town of Macedon hereby consents to the above described installation, within its right of way, subject to the following conditions:

Written approval by the Town Engineer and Town Highway Superintendent as to the proposed installation and the methods and manner of construction, operation and maintenance.
Applicant is to be responsible for all damage caused by installation and/or maintenance of the work.
Applicant agrees to indemnify and hold the Town of Macedon harmless for any damage caused by the installation, construction, use, operation or maintenance of the work, including attorneys’ fees.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

8:00 P.M. – PUBLIC HEARING – LAKER DEVELOPMENT – RE-ZONING REEEQUEST N.E.

CORNER RT. 31 & WAYNEPORT ROAD –LL 1-2004

NO.5 FEBRUARY 12, 2004 PAGE 4

RESOLUTION 63 (04) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the January 23, 2004 issue of the Times.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Alyn Vespucci of 408 Route 31 questioned where the land being rezoned was located.

Jim Denniston of r-house Realty sent a letter recommending the rezoning.

Mark Welker sent a e-mail to the Town recommending the rezoning.

Mark Henning of 1171 Route 31 asked about distance requirements from the road and other buildings. .He also questioned the requirements with the gas pressure lines in the area.

RESOLUTION NO. 64 (04) PUBLIC HEARING CLOSED

RESOLVE to close the Public Hearing at 8:10 P.M.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

David Maul stated that usually after a Public Hearing the policy has been to wait until next meeting to vote, however since there has been no objections to the rezoning he feels ready to vote now. Dave asked Kim Thompson from Laker Development if anyone had approached them with any interest on this property. She said no that they were simply bringing the land in compliance with the Master Plan and make the land more marketable. Devon Delpas also from Laker Development stated that with the close proximity to Monroe County taking away the obstacles now would stimulate the interest.

RESOLUTION NO. 65 (04) LAKER DEVELOPMENT, LLC – REZONING REQUEST SEQRA

NEGATIVE DECLARATION

WHEREAS, Laker Development LLC, has applied to the Town of Macedon for rezoning of 34.8 acres of land from ORM (Office Research Manufacturing) to GC (General Commercial), incorporating the following parcels as described:

TAX PARCEL # OWNER OF RECORD ADDRESS ACREAGE TO BE REZONED

61111 00-300765 Judy Maxwell 369 NYS RTE 31 1.37 acres

61111-00-300767 Nicholas Zurich NYS RTE 31 5.05 acres

61111-00-328887 Robert Murphy Family NYS RTE 31/ 21.23 acres (portion of total

Limited Partnership Wayneport RD holdings)

6111-00-437929 Gino D’Agostino 531 NYS RTE 31 7.15 acres(portion of total hold)

AND WHEREAS, the rezoning area extends approximately 1,073 feet deep parallel with the north right of way of NYS Route 31, and has 1,330 feet of frontage along NYS Route 31 and 200’ of frontage on Wayneport Road, per the plan entitled "Proposed Rezoning Map", prepared by FRA Engineering, P.C., dated 12/4/03,

AND WHEREAS, the purpose of the rezoning is to bring the northeast corner of NYS Route 31 and Wayneport Road, into conformity with the adopted Town of Macedon master plan.

BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

NO.5 FEBRUARY 12, 2004 PAGE 5

The proposed action is subject to the State Environmental Quality Review Act.
The proposed action does not involve a Federal agency.
The proposed action does not involve other agencies.
Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.
As a Type 1 action, Part 1 of the Long Form EAF has been prepared by the Applicant and reviewed by the Town Engineer, and Part 2 of the Long Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.
The proposed action is not located in a coastal area.
The proposed action is not located in an agricultural district.
A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6(b)(1).
The Macedon Town Board is the lead agency.
The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.
In reaching this finding, the Town Board has:

(a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

(b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

(c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

(d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

12. In determining significance, the Town Board has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production:; a substantial increase in potential for erosion , flooding, leaching or drainage problems;

(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources.

(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14(g);

(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

(e) The impairment of the character or quality of important historical, archeological, architectural or aesthetic resources or of existing community or neighborhood character;

(f) A major change in the use of either the quantity or type of energy;

NO.5 FEBRUARY 12, 2004 PAGE 6

(g) The creation of a hazard to human health;

(h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such a place absent the action;

(j) The creation of material demand for other actions that would result in one or the above consequences;

(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

(a) Included in any long range plan of which the action under consideration is a part;

(b) Likely to be undertaken as a result thereof, or

14. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important)should be assessed in connection with:

(a) It’s setting (e.g., urban or rural)

(b) Its probability of occurrence;

(d) Its irreversibility;

(e) Its geographic scope;

(f) Its magnitude; and

Number of people affected

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 66 (04) LL #1 OF 2004 ADOPTED

RESOLVED the Town Board adopt Local Law No. 1 of 2004 as follows:

LOCAL LAW 1 OF 2004

BE IT ORDAINED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON THAT THE TOWN MAP ADOPTED WITH THE ZONING LAW OF THE TOWN OF MACEDON BE AMENDED TO PROVIDE AS FOLLOWS:

NO.5 FEBRUARY 12, 2004 PAGE 7

Based on the petition of Laker Development pursuant to rights occurred by contracts, the zoning map of the Town of Macedon be and the same is hereby amended by rezoning of 34.8 acres of land located at the northeast corner of NYS Route 31 and Wayneport Road in the Town of Macedon, Wayne County, New York from ORM (Office Research Manufacturing) to GC (General Commercial)

Involves four (4) parcels of land as summarized below:

Tax Parcel # Owner of Record Address Acreage

1. 61111-00-300765 Judy Maxwell 369 NYS Route 31 1.37 acres

2 61111-00-300767 Nicholas Zurich 362 NYS Route 31 5.05 acres

3. 61111-00-328887 Robert Murphy Family NYS Route 31/Wayneport Rd 21.23 acres

Limited Partnership (portion of total holdings) 4. 61111-00-437929 Gino D’Agostino 531 NYS Route 31 7.15 acres

(portion of total holdings)

The area of the rezoning is located at the north east corner of NYS Route 31 and Wayneport Road, bordered by other lands of Robert Murphy and Gino D’Agostino to the north, other lands of Gino D’Agostino to the east, NYS Route 31 to the south and Wayneport Road and other lands of Robert Murphy and to the west.

The rezoning area extends approximately 1073 feet deep parallel with the north right of way of NYS Route 31, and has 1,330 feet of frontage along NYS Route 31 and 200’ of frontage on Wayneport Road, per the plan entitled "Proposed Rezoning Map", prepared by FRA Engineering, P.C., dated 12/4/03

The purpose of the rezoning is to bring the northeast corner of NYS Route 31 and Wayneport Road into conformity with the adopted Town of Macedon master plan. MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ROUNDTABLE

Dick Roets stated that he would have mower specs at next Board meeting.

Bill Hammond and Paul Kenyon will be in New York City until February 19^th. David Maul will be on call for any emergencies.

Dick Roets will be out of town starting February 13^th for a week. Jeff Vandermallie will be in charge of the Highway Dept.

Ken Nawrocki discussed the town’s copier lease and the possibility of a network printer. He presented some figures for a Xerox WorkCentre Pro 35. The plan is to go around the office and discuss with the employees what they feel they need.

Paul Kenyon entered meeting at 8:47 P.M.

Dave McEwen attended a Macedon Center Fire Department Board Meeting on February 11,2004. They discussed their plans for a new addition. Dave said he was very impressed with what he saw.

Dave McEwen has concerns about the high electric bill for Cedar Creek, would like to check into it.

RESOLUTION NO.67 (04) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:05 P.M. to discuss litigation.

MOTION BY HAMMOND, SECONDED NY MAUL

ROLL CALL VOTE KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 5 FEBRUARY 12, 2004 PAGE 8

RESOLUTION NO. 68 (04) RETURN TO OPEN SESSION

RESOLVED the Board returns to Open Session at 10:02 P.M.

MOTION BY MAUL, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 87 (04)

CLAIM NOS. 8387 – 8545 EXPENDITURES $239,878.27

RESOLUTION NO. 69 (04) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED . The meeting adjourned at 10:15 P.M.

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Linda Habecker, Deputy Town Clerk